PENN STATE FACULTY CLUB LIQ. LIC. CASE.

No. 104 C.D. 1977.

33 Pa.Commw. 320 (1978)

In Re: Appeal of Penn State Faculty Club From Refusal of Pennsylvania Liquor Control Board to Grant New Club Liquor License. Penn State Faculty Club, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellee.

Commonwealth Court of Pennsylvania.

January 10, 1978.


Attorney(s) appearing for the Case

John C. Gilliland, II, with him McQuaide, Blasko & Brown, Inc., for appellant.

David Shotel, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellee.

Richard W. Cleckner and Jerome T. Foerster, for amicus curiae, State College Tavern Association.

Argued September 14, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate.


OPINION BY JUDGE MENCER, January 10, 1978:

The Penn State Faculty Club appeals to this Court to hold that The Pennsylvania State University and the immediately surrounding area is a resort within the meaning of Section 461 of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-461.

The Faculty Club's 300 members, most of whom are teachers and administrative personnel from the University's main campus in State College, are attempting...

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